Notice of Lodging of Amendment to Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

DEPARTMENT OF JUSTICE

Notice of Lodging of Amendment to Consent Decree Pursuant to the

Comprehensive Environmental Response, Compensation and Liability Act

(CERCLA)

In accordance with Departmental policy, 28 CFR 50.7, and with

Section 122 of CERCLA, 42 U.S.C. 9622, notice is hereby given that a

proposed amendment to a consent decree in United States v. American

Cyanamid, et al., Civil Action No. 2:93-0654 (S.D.W.V.), was lodged on

March 31, 1997, with the United States District Court for the Southern

District of West Virginia. The original consent decree, entered on

February 19, 1997, resolved claims that we filed under Section 107 of

the CERCLA, 42 U.S.C. 9607, for past response costs incurred at the

Fike/Artel Chemical Company Superfund Site, located near Nitro, West

Virginia. The proposed amendment incorporates limited provisions

reflecting two settlements with the final two parties in this matter.

The first settlement is with Shell Chemical Company and Shell Oil

Company (``Shell''), the last company to settle in this matter. The

United States will receive $360,000 and the State of West Virginia

$360,000. These amounts are in addition to those to be paid in a

private settlement with the Settling Work Defendants in this matter.

The second settlement involves the United States Department of

Energy (``DOE'') and Westinghouse Electric Corporation

(``Westinghouse'') with respect to sodium tanks sent from a

Westinghouse facility to the Fike/Artel Site. The settlement obligates

Westinghouse to contribute $110,000 to the Trust cleaning up the Site,

to pay EPA $25,000, and to pay the State $5,000. The United States, on

behalf of DOE, will pay the Fike/Artel Site Trust $100,000.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed amendment to the consent decree. Comments should be addressed

to the Assistant Attorney General for the Environment and Natural

Resources Division, Department of Justice, Washington, DC 20530, and

should refer to United States v. American Cyanamid, et al., DOJ Ref.

#90-11-3-706.

The proposed amendment to the consent decree may be examined at the

office of the United States Attorney, 500 Quarrier Street, Charleston,

West Virginia; the Region III Office of the Environmental Protection

Agency, 841 Chestnut Street, Philadelphia, PA; and at the Consent

Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005,

(202) 624-0892. A copy of the proposed amendment to the consent decree

may be obtained in person or by mail from the Consent Decree Library,

1120 G Street, NW., 4th Floor, Washington, DC 20005. In requesting a

copy please refer to the referenced case and enclose a check in the

amount of $2.00, payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-10019 Filed 4-17-97; 8:45 am]

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